MAKONESE J: This is an application for summary judgment wherein applicantseeks that summary judgment be entered in favour of the applicant against the respondent. The application is made on the basis that the respondent does not have a defence to applicant’s claims. It is intended by the applicant that appearance to defend was solely entered for the purpose of delay and as an abuse of court process. For this reason costs are sought against respondent on the punitive side of legal practitioner and client scale.
The application is strenuously opposed by respondent. Respondent avers that there is a dispute between... More
This is an appeal against the determination of the respondent’s Works Council, which upheld the dismissal of the appellant from employment.
The factual background to the matter, briefly outlined, is that the appellant was at the material time employed as a Boiler Operator. On 18 September 2020, he was on duty at the boiler section, operating Boiler Number 2. The boiler had low levels of water when it was being operated. As a result, it overheated and collapsed. The damage cost the company US$120 000 in repairs. More
This is an appeal against part of the judgment of the High Court of Zimbabwe sitting at Harare on 20 November 2019 granting an interim interdict in favour of the first respondent.
THE FACTS
The appellant and the first respondent have been engaged in a flurry of litigation and at other times with Interfin Banking Corporation Ltd in liquidation (the bank) in both the High Court and in this Court. Some of the cases have been concluded while others are still pending. The facts relevant to this appeal are narrow. More
The applicant was a judge of the High Court until the 17 June 2021 when she was removed from office by the 1st respondent in terms of s 187(7) as read with s 187(8) of the Constitution of Zimbabwe Amendment (No 20) Act 2013 [ hereinafter the Constitution].
The respondents in this matter are the President of the Republic of Zimbabwe cited in his official capacity (1st respondent); Simbi Veke Mubako [Chairperson of the Tribunal which enquired into the question of applicant’s removal] (2nd respondent); Charles Warara [member of the Tribunal] (3rd respondent); Yvonne Masvora [member of Tribunal] (4th respondent);... More
This is an application brought through the urgent chamber book wherein the applicant seeks an interim interdict temporarily halting the referral of the question of her removal as judge of the High Court to the 1st respondent in terms of s187(3) of the Constitution. In a nutshell the applicant’s position is that the contemplated referral is not only deeply flawed procedurally but also that if allowed to stand it will create a dangerous precedent in that it poses a serious threat to the independence of the judiciary. More
This is an application for direct access to this Court made in terms of s 167(5) of the Constitution of Zimbabwe, 2013 (“the Constitution”), as read with r 21 of the Constitutional Court Rules, 2016 (“the Rules”).
The applicant intends to approach the Court in terms of s 85(1) of the Constitution, seeking an order that his rights as enshrined in the Constitution were infringed by the first respondent’s non-executive board members, its board, the arbitrators’ awards, Labour Court judgments, and the Supreme Court. The rights so infringed being:
• The right to equal protection of the law in terms... More
This is an application for referral of constitutional issues to the constitutional court in terms of section 175 (4) of the constitution of Zimbabwe, Amendment (No 20) Act, 2013.
A brief history of this matter will be necessary to appreciate the nature of the matter that is giving rise to this application. More
